A.S.Srivastava, J. - (1.) Amar Mani Tripathi, Petitioner (hereinafter referred to as the detenu), has filed this Habeas Corpus petition under Article 226 of the Constitution of India, challenging the validity of the detention order, dated 17.11.1984, passed by the District Magistrate, Gorakhpur (hereinafter referred to as the detaining authority), exercising his powers under sub-section (3) of section 3 of the National Security Act, 1980, Act No. 65 of 1980 (hereinafter referred to as the Act), directing his detention under sub-section (2) of section 3 of the Act in District Jail, Gorakhpur. The said detention order is Annexure 1 to the petition. On 27.11.1984, the petitioner detenu was served with the detention order and the grounds and was sent to District Jail, Gorakhpur, when he surrendered before the District Magistrate on that day.
(2.) The detention order and its grounds were received by the State Government on 19.11.1984 and were approved on 23.11.1984. Intimation of approval was sent to the District Magistrate, Gorakhpur on 26.11.1984. The case of the detenu was referred to Advisory Board on 29.11.1984. The representation of the detenu dated 17.12.1984 was received by the State Government on 19.12.1934 from the District Magistrate, Bareilly. The representation was placed before the Advisory Board on 22.12.1984. The representation of the detenu was examined in the Secretariat on various levels as averred in the supplementary counter affidavit filed by Sri Gopal Trivedi, an Upper Division Assistant in the Confidential, Section 5, U.P. Civil Secretariat, Lucknow, and was rejected on 28.12.84. Intimation of rejection of the representation was sent to the detenu on 31.12.84 through the Superintendent, Central Jail, Bareilly.
(3.) The grounds of detention appear is Annexure to the petition which are stated as follows: (1) That on 7.5.83 at 6.30 p.m., the detenu along with his leader, Sri Han Shanker Tiwari, and the other members of his gang, namely, Parmatma Tewari, Anoop Lal, Suresh Pandey, Shaukat Ali Kripa Shanker Pandey, Krishna Mohan Pandey and Abrar Iraqi and others armed with rifles and guns stopped the car of Virendra Pratap Shahi, M.L.A., in which Gyan Prakash Shahi, Hasan Beg and others were seated in Laxmipur Bazar, Police Station Puranderpur on the main road and started indiscriminate firing with the result that Hasan Beg and a boy of the Bazar, namely, Hira Lal died on the spot. A terror wave was unleashed due to this incident. The people were fear stricken and terrorised. The public order was disturbed. This ground relates to the first information report made by Gyan Prakash Shahi at Police-Station Puranderpur, on the basis of which a case was registered under sections 147, 148, 149, 307 and 302, I.P.C. at Crime No. 68 of 1983. The said offence is being investigated by the C.I.D. (2) That on 3.8.1983 at 8.30 a. m., in Khalilabad, an important business centre of district Basti, the detenu along with Han Shanker Tewari, Krishna Kumar Pandey alias Tuntun, Arvind Singh and Rakesh Singh, the members of his gang, armed with revolver and other fire arms, came on motor cycle and, due to enmity, fired on Hira Raj Singh who was taking tea at a shop. Hira Raj Singh died in the Medical College, Gorakhpur, on 6 8.83. Khalilabad and nearby areas were terror stricken of his gang due to this incident. Thus, the public order was disturbed. The ground is based on the case registered at Crime No. 222 of 1983 under Sections 147, 148, 149,307 and 302, I.P.C. at Police-Station Khalilabad on the report of Zeenat Singh. The case is being investigated by the C.I.D. (3) That on 23.12.83 at about 1.00 pm., the detenu along with Ravindra Rao, Han Shanker Tewari and 30-35 others of his gang armed with rifle and gun with the intention of capturing Mughalpura Polling Booth and forcibly casting votes in village Mughalpura, Police Station Patheharwa, district Deoria during the bye-election, started threatening the people, and the detenu and Han Shanker Tewari, in order to create terror, fired which resulted in the death of Sukhal Rao and injuries to Belbhar, Ram Kali and Mohammed Din. Because of the indiscriminate firing by the detenu and his companions on the day of election at the polling booth, the election work was dislocated and the people were frightened. They started running helter and skelter and the terror wave was unleashed. Thus the public order was disturbed. This ground related to the first information report lodged by Basdeo Rao at police station Patherwa district Deoria, on the basis of which a case was registered at Crime No. 94 of 1983, under sections 147, 148, 149 and 307, I.P.C. (4) On 15.8.84 at 9.30 p.m., in Mohalla Krishna Maraiya Humaunpur (South) of the city of Gorakhpur, the detenu called for Sri Vijay Kumar Agarwal, resident of Mohalla Bindvasni, Police- station Kotwali, Gorakhpur, at his residence and with the intention to have unlawful possession and ownership over the petrol pump owned by Vijay Kumar situate at Golf Ground in Mohalla Mohiuddinpur along with his three other associates threatened Vijay Kumar at gun point and frightened him and obtained his signature on 6-7 stamp papers which were already written and prepared and the detenu also told Vijay Kumar that his petrol pump then belonged to the detenu and that the detenu would take possession over the same by 6.00 a.m. in the morning. The business community was terror stricken and frightened due to this incident. The businessmen closed their shops and the whole of Gorakhpur was terrorised. Thus the public order was disturbed. The ground is based on the first information report made by Vijay Kumar at police station Kotwali, Gorakhpur, under sections 384 and 506, I.P.C. registered at Crime No. 272 of 1984.On 6.8.84 Kaushal Tewari, son of Han Shanker Tewari abducted and committed the murder of one Sardar Ajit Singh at the Chhawani of Han Shanker Tewari situated in village Sunauli, police station Nautanwa. A case, under sec. 364, I.P.C., was registered at police station Nautanwa at Crime No. 74 of 1984 and was altered during investigation to under sections 302/201 I.P.C. Great anguish and terror prevailed in Nautanwa due to this incident and several demonstrations, strikes and incidents of road-held up and train held-up took place. The district administration was faced with a serious problem and to cope with the situation, P.A.C. was called. To terrorise the witnesses of the said murder and to suppress the opposition there and to create fear in the people there, the detenu indulged in acts which created terror and public order was breached. The incidents are as follows: (5) That in the night between 3rd and 4th October, 1984 at about 3.00 am., the detenu along with his, gang leader, Han Shanker Tewari, Ganesh Shankar Pandey, Kripa Shanker Pandey, Krishna Mohan Pandey, Guchchhan Pandey, Daya Chandra Pandey, Ram Chandra Singh, Indra Kamal Pandey, Anoop Lal, Durga Shanker Pandey, Sant Kumar Dhobi and 30 others in six vehicles armed with fire arms raided the house of Guru Prasad Singh with intention to murder him and his family members. Guru Prasad and his family members raised alarm. They then went away threatening him to stop the opposition otherwise they would get whole of Nautanwa burnt. Section 144, Cr. P.C. was in force in Nautanwa during that period and demonstration of fire-arms or other arms or to move with arms was prohibited. But the detenu and his gang-men did not care for that and created terror and disturbed the public order. Guru Prasad lodged a report at Police Station Nautanwa, under sections 147, 352, 504, 506, I.P.C. and the case was registered at Crime No. 199 of 1984. (6) That on 4.10.84 at 2.00 p.m. the detenu along with his gang leader Han Shanker Tewari and Kripa Shanker Pandey, Krishna Mohan, Hamid, Pradhan Dayaram, Dulare and Baboo Lal his gang men armed with rifles and guns entered the house of Mahant Singh, resident of Sakrauli, Police station Nautanwa with intention to commit his murder. Mahant Singh escaped into the house of Kalpanath Singh. The detenu and his associates took away his Rs. 2600/-. They threatened that the family members of Mahant Singh would be killed if he appeared as a witness in Ajit Singhs murder case. A case was registered at Crime No. 111 of 1984 under Section 143, 452, 380, I.P.C. at Police station Nautanwa on the report of Mahant Singh. (7) That on 5.10.1984 at about 5.45 pm. Anirudh Kumar Jaiswal was sitting in his rice mill when the detenu alongwith his gang leader Han Shanker Tewari and Ganesh Shanker Pandey, Durga Shanker Pandey, Guchchhan Pandey, Abrar Iraqi and other associates armed with rifle, gun and stun-gun etc. reached there in a jeep with intention to commit his murder and fired indiscriminately on him. He somehow saved himself by hiding in the mill. This created sensation in Nautanwa and nearby areas. All were terrorised by the detenu and his gang. Thus the public order was breached. A case was registered at police station Nautanwa at Crime No. 113 of 1984 under sections 147,148, 149 and 307, I.P.C. on the report of Anirudh Kumar Jaiswal. (8) That on 5.10.1984 at about 5.45 p.m. when Guru Prasad was going from the side of Thuthibari Teraha, the detenu along with other associates of his gang armed with rifles and guns in 8-10 jeeps while coming from the side of Surauli saw him and with intention to commit his murder fired at him. He somehow fled away and saved himself. On the report of Guru Prasad, a case was registered at Crime No. 113-A of 1984 under sections 147, 148, 149 and 307, I.P.C. at police station Nautanwa. (9) That on 5.10.1984 at about 5.45 p.m. the detenu alongwith the members of his gang armed with rifles, guns and stun-guns driven 8-10 jeeps with intention to commit his murder fired at Kuldeep Singh who was going to police station to make a report about the terror created by the detenu and his associated in regard to the murder of Ajit Singh and went away. He somehow saved his life by hiding. Terror wave was unleashed by this incident and the people were frightened. A case was registered at Crime No. 113B of 1984 under sections 147, 148, 149 and 307, I.P.C. at police station Nautanwa. (10) That in the night between 9th and 10th October, 1984 at about 12.45 a.m. the detenu along with his gang-men Kripa Shanker Pandey, Krishna Mohan Pandey, Dayanand Pandey, Abrar Iraqi and 40-50 persons driven in jeeps armed with rifles and guns arrived at the gate of the house of Kilnwar Akhilesh Singh and called his name and threatened to kill him and on the exhortation of the detenu Kripa Shanker fired two rounds on Akhilesh Singh who saved himself by hiding. Terror prevailed in whole of Nautanwa by this incident. A case was registered at Crime No. 146 of 1984 at police station Nautanwa on the report of Akhilesh Singh under sections 147, 148, 149 and 307, I.P.C.;